My sister-in-law passed away 2 years ago but before she died she Quit claim deeded several oil royalties to my husband. Since then we where going through a lot of her paperwork and we found another one that was signed by her giving it to my husband but had not been recorded with the county clerks office within that county. I did send it to the county to be recorded. Problem is she had a husband and 2 sons but cannot be located anywhere. The company has told me that the deed is not sufficient since there are sons that the royalties goes to them even with a Quit Claim deed. Is it true that the Quit Claim means nothing to our benefit?
If she has a husband, the filed deeds can be voided if he was not enjoined in the transfer. If I am incorrect, there are more knowledgeable people on this forum that will correct me.
It would seem to me that the quit claim deed would have to have been filed before her death. Now that royalty would be part of her estate. I may be wrong, but think it through.
A quit claim deed just gives what interest one has in something to someone else. If they had no interest the recipient has no interest.
She had it signed and notarized before her death, just not recorded and she did not have a Will. Do you think that would make a difference? I just hate to see these royalties go to the state of Oklahoma.
If the deed was executed and notarized before her passing, then the deed is valid as of the execution date. Once filed, of course.
Mr. Moore brings up an issue. Were the minerals her sole and separate property, or were they jointly owned with her husband? If she owned these sole and separately from her spouse, then your husband now owns her interest. If she obtained these minerals with her husband, it would be an entirely different scenario.
This is what we do not know. I do not know what agreement she made with her husband. I only know Oklahoma law. I want more input to this as I am not an expert.
Her mother willed them to her, my sister-in-law,
and to my husband when she passed.
With the facts provided, it's my opinion that your husband would own her interest.
Did her mother pass away in the same state where the minerals are located?
No. She passed in a different state.